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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, BASANT BALAJI
Kerala Public Service Commission – Appellant
Versus
National Human Rights Commission – Respondent
| Table of Content |
|---|
| 1. overview of nhrc's involvement and background (Para 1 , 2) |
| 2. kpsc's duty to ensure accessibility for candidates (Para 5 , 8) |
| 3. challenges regarding the nhrc's compensation order (Para 6 , 7) |
| 4. legal principles of human rights and reasonable accommodation (Para 9 , 10 , 11) |
| 5. kpsc's commitment to implementing accessibility measures (Para 12 , 13 , 14 , 15 , 16) |
| 6. conclusion and directive to kpsc (Para 17 , 18 , 19) |
JUDGMENT
Nitin Jamdar, C.J.
A Malayalam daily newspaper dated 8 August 2014 published a report describing how the Kerala Public Service Commission (KPSC) conducted a Special Recruitment Test for physically challenged candidates at Manacaud, Thiruvananthapuram. The report included photographs showing candidates with locomotor disabilities struggling to climb to the second floor of the examination hall.
2. The National Human Rights Commission (NHRC) took suo motu cognizance of this report and issued a notice to the Secretary of the KPSC. The matter was considered during the NHRC’s camp sitting at Thiruvananthapuram on 9 April 2015. After examining the report dated 7 April 2015 submitted by the Secretary of the KPSC and hearing the representatives of the Stat
Public service commissions must ensure accessible examination venues for physically challenged candidates, reflecting reasonable accommodation principles to uphold their rights.
The principle of reasonable accommodation requires that individuals with disabilities receive necessary support to ensure their equal participation in employment processes, regardless of procedural l....
The judgment emphasizes the statutory provisions and government orders governing age relaxation, grace marks, and reservation for PwDs, and directs the respondents to work out backlog vacancies and p....
The court established that all persons with disabilities are entitled to reasonable accommodations during examinations, ensuring no discrimination based on the nature of disability.
(1) For a person with disability, provision for facility of a scribe is in pursuance of statutory mandate to ensure that persons with disabilities are able to live a life of equality and dignity base....
The court emphasized that rigid adherence to recruitment rules without considering reasonable accommodation for individuals with disabilities violates their rights under the RPwD Act.
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